Many of our clients, when deciding to sell their home, only discover during the document analysis phase that they own a property under a diritto di superficie (right of surface). The question that follows is almost always the same: "Can I sell it like a normal house?" The short answer is: Yes, but with some fundamental precautions. At Domus Sicilia Immobiliare, we want to clarify this legal concept, often surrounded by myths, to help you manage the sale with total peace of mind.
1. What is the "right of surface"? Quite simply: you own the apartment (the walls), but not the land on which the building stands. The land remains the property of the Municipality (or a public body). Usually, these properties originate in subsidized housing contexts (public or cooperative housing), designed to facilitate home ownership at affordable prices.
2. The constraints: the "maximum sale price" This is the crucial point. Often, these homes are encumbered by an agreement (convenzione) between the builder and the Municipality. This agreement may include:
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Price constraints: A maximum sale ceiling that you cannot exceed.
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Buyer requirements: In some cases, the buyer must meet specific criteria (e.g., residence in the municipality, income limits).
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Duration: The right of surface has an expiration date (usually 99 years). Once expired, the land and building would return to the Municipality (although, in practice, the right is almost always renewable).
3. How to proceed with the sale? Selling a property under a right of surface requires a preliminary step that should not be underestimated: document verification.
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Retrieving the Agreement: We must carefully read the original notarial deed and the agreement with the Municipality. Only then will we know if the constraints are still active or if they have lapsed by law.
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"Affrancazione" (if necessary): If we discover that the price constraint is still in effect, it is possible to proceed with what is called affrancazione (redemption/enfranchisement). This is a procedure (often involving a payment to the Municipality) that allows you to "free" the property from price constraints, effectively turning it into full ownership.
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Valuation: If you do not proceed with the affrancazione, the sale price must comply with the parameters set by the Municipality. You cannot simply set the "market price" at your discretion.
4. Why rely on professionals? Selling a property under a right of surface is a technical procedure. An error in price assessment or failure to disclose the constraints to the buyer can lead to:
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Annulment of the deed.
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Claims for damages from the buyer.
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Administrative penalties.
At Domus Sicilia Immobiliare, our job is to protect you from these risks. Before putting the property on the market, we perform a complete document check-up:
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We analyze the existing agreement.
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We verify if the constraint is still enforceable.
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We guide you, if necessary, through the redemption process at the Municipality, coordinating with your notary.
Our advice: don't be afraid, act with awareness Owning a house under a right of surface is not a barrier to selling, but a condition that requires transparency. An informed buyer is a calm buyer: if we explain the conditions well and, where possible, proceed with the redemption, the sale will proceed smoothly. Are you thinking of selling a house that might have these constraints? Don't stumble in the dark. Contact us for a free analysis of your documents: together, we will determine the best path to add value to your property in full compliance with the law. Domus Sicilia Immobiliare: professionalism and transparency, from the first document to the final signature.
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